STATE v. NIX


40 S.W.3d 459 (2001)

STATE of Tennessee v. Scott Houston NIX. State of Tennessee v. Ralph Dean Purkey.

Supreme Court of Tennessee, at Knoxville.

February 20, 2001.


Attorney(s) appearing for the Case

Mark A. Brown, Knoxville, TN, for the appellants, Scott Houston Nix and Ralph Dean Purkey.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Jennifer L. Smith, Assistant Attorney General, Nashville, TN, for the appellee, State of Tennessee.


OPINION

DROWOTA, J., delivered the opinion of the court, in which ANDERSON, C.J., BIRCH, HOLDER and BARKER, JJ., joined.

We granted permission to appeal to consider an issue of first impression: what is the standard of mental incompetence that a petitioner must satisfy before due process requires tolling of the post-conviction statute of limitations. We agree with the Court of Criminal Appeals that due process requires tolling of the statute of limitations...

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